up and he stepped out of the shower and he picked me up by crouching, he lifted me up as he was screaming i was a stupid idiot and he body slammed me again on the tile. he told me that five-year-old can hold a camera better than i can. he was -- he was screaming at me, there was spit coming out or maybe it was water, but i was getting wet and when i hit the tile he was-- i rolled over on the side and started running down the hallway and i went-- i don't know why i ran out of the room, but i ran into the closet because the door was open.

last time i ran down the hallway he caught me before i got to the door. that was another incident, it was in the summer. so i guess i went into the clos closet. >> jodi arias in the moments leading up to the murder of travis alexander, we'll follow this case as it unfolds. >> a dramatic high rescue above the ground. two cell phone companies worker getting caught in a basket crane while working on wireless equipment in massachusetts. pretty high up there, right? a local report says that firefighters could not reach them. one man called his brother who works for the same cell phone company and he climbed the ladder on the water tower and pulled down the rappelling equipment and nice to have family that can help out. >> and long ropes. thank you for joining us today. >> "america live" starts right now. >> megyn: fox news alert as we get new dramatic warnings today from president obama about the automatic spending cuts scheduled to take effect

eight days from now. critics are questioning whether we really are facing the disaster he describes. welcome to america live, everyone, i'm megyn kelly. this was the scene at the white house yesterday. president obama flanked by first responders warning that their jobs, our economy, even our lives could be in danger if those spending cuts that he suggested and then signed into law actually take place. listen. >> or help the economy, won't create jobs. now, congress allowed this meat cleaver approach to take place. it will jeopardize our military readiness, emergency responders like the ones who are here today, their ability to help communities respond to and recover from disasters will be degraded. thousands of teachers and the educators will be laid off. hundreds of thousands of americans will lose access to primary care, and preventive care like flu vaccinations and cancer screenings. >> but if the president warns

of devastating consequences, the wall street journal. chris stirewalt is our news power play live and stuart varney is anchor on the fox business network, great to see you both. stu, let me start with you, because we talked with chris a little about this yesterday. i'm interested in your take because the journal points out that this is a small percentage overall in spending and they say if you look at the history of spending in this country, after world war ii, they say federal spending went from 42% of the gross domestic product to 14.8%, yet, the economy thrives in the 1980's and fell, they say about 2 percentage points of gdp, and in the 1990's, it did the same and we were doing this period of austerity and the economy thrives. they say contrast that with president obama where spending is huge, we're up at 24% now

of gdp, and we've had the worst economic recovery ever. so, they say this is a reason to question his need, which he says is quite dire, for more spending. >> it's a good reason to question the president's plan. the president is saying, if we cut 2.3% from our total spending of 3.6 trillion dollars, we cut 85 billion out of a 3.6 trillion dollars annual budget, if we do that, we've got a catastrophe on our hands. now, the journal points out quite rightly that these are cuts which go to domestic agencies whose budgets have already gone up 17%. so, you've got a minuscule cut in an agency budget which has already gone up significantly and that the president says will deliver catastrophe to the economy. what the president is doing here, megyn, is exerting maximum pain. he's threatening maximum pain for the economy if these cuts go through. that gives him the opportunity

to say all of this devastation is a result of my political opponent's inaction on the sequestration deal. >> well, that's the question, chris, is, you know, i mean, president obama doesn't want these cuts, but they came from the white house. the white house is the one that proposed these cuts and the republicans tried to roll them back twice after they've agreed to them, by the way and he came out i'll veto it, if you try to get rid of these cuts i'm going to veto it. to hear him yesterday, as it's if he had nothing to do with these cuts. he's outraged, who is the guy in the casino in casa blanca, i'm shocked! i'm shocked! how did we get these cuts, it's you, mr. president, you and the republicans. >> well, the president knows, megyn, the economy was slow in the fourth quarter and he believes that government spending is the key to speeding it up, any reduction will go against his basic theory, but there is he' a more important thing at stake here for the president.

these budget battles and these fiscal fights are going to go on and on and on and what the next two years are going to look like, everyone has pretty well given up hope enough to deal with budget issues on a large scale. so, the president knows he's stumbling from one to the next and the end of next month continuing resolution funding the government and he knows he's going to be fighting with republicans on that and then in may, you've got the debt limit and on and on it goes and he's going to take it to the republicans on each fight and in this case, it's a scare tactics that say cancer, house fire, these things, the republicans who would rather have millionaires and billionaires untaxed in private jets than keep your house-- we talked about yesterday about the fact that the president gets to determine the priority of those cuts, i mean, he doesn't have to layoff first responders, he can cut back some green energy spending and he can find waste and he doesn't have to cut the first responders, the journal points out a political tactic and you pointed that out yesterday and what better way

to gin up people other than to say the house is going to burn down and the first responders go first. that's a political ploy before i get back it stu, is it not, chris. >> of course it is and the republicans is to walk a fine line here. they're concerned what happens to the pentagon under sequestration because it goes across the board, they can't kill one program, every department, every subset has to feel the pain and so they're cautious on this point, but really, when you talk to them and you get them to say. and give them a choice between what the president is pitching and done in an unpleasant way they'd still rather have the cuts. >> he talks about, stu, look, we can avoid the cuts if we come up with a balanced program and all i'm asking for from the republicans is reasonable tax reform. that's it. we'll close a couple of loopholes, only the rich will feel that and the republicans are so married to the rich that they can't even save the

lives of human beings and the jobs of first responders because they're so opposed to tax reform and the journal has questions about his definition of tax reform. your thoughts on that. >> yes, he has changed what tax reform means. tax reform, to the republicans, up until the last election. tax reform was, lower tax rates. get rid of some deductions, raise more revenue for the treasury, that was tax reform. but the president has hijacked that expression. tax reform to this president now means higher tax rates. just as we saw on january the 1st. he wants to do more of the same. and the president is forgetting that he's already got a big tax increase on the rich, already that's been passed and in place, the rich are already paying those taxes and he simply wants more. he is saying, you can have all of these goodies if we tax the rich some more. that's his position. and megyn, i have to ask you, what kind of message are we sending if we can't cut 2% ur d

can't cut 2%, how will we ever get a handle on our 16 1/2 trillion dollar debt? >> right, right, i mean, we're barreling toward 17 trillion and the consternation over 85 billion is just, makes your jaw drop. on the other hand, you see real life human beings losing their job in the pentagon every day, all right, maybe it does need to be rethought. chris and stu, thank you. >> you bet. >> well, again, eight days until the cuts take effect and we have a huge amount of information about all this have on our website that you can check out including speaker boehner's response to the president and what exactly is on the chopping block? check it out at foxnews.com and it's interesting and you know, to some folks it will be disturbing. meantime, vice-president joe biden is continuing to spearhead the administration's agenda on another debate. gun control. yesterday the vice-president managed to rise eyebrows on the right and left during an online forum hosted by parents magazine after he responded to

one woman's concern about a possible federal ban on assault weapons. the vice-president suggesting that americans could just as easily protect themselves with a different kind of weapon. listen. >> get a double barrel shotgun, have the shells of 12 gauge shotgun and i promise you, as i told my wife, we live in an area that's wooded and somewhat secluded and i said jill, if there's ever a problem, just walk out on the balcony, put that double barreled shotgun and fire two blasts outside the house, i promise you, whoever is coming in is not going to-- >> coming up in our next hour, we'll have a fair and balanced debate on the growing fallout for the vice-president on his call for women to just go buy a shotgun. and neither side is happy with him today. so the evidence is mounting on day two of the bail hearing for olympian oscar pistorius,

the track star who had both of his legs amputated as a baby and made it to the olympics on blade ruppers, accused of shooting his girlfriend reeva steenkamp. reports of a nonstop shouting match in the minutes leading up to it. and reporting live from pretoria south africa. >> hey, megyn, that's right, another day of testimony in that bail hearing for oscar pistorius. the prosecution led off and the prosecution scored some points. let's go to the day on the stand. one of the leading detectives was there as well grim-faced. this detective said that neighbors heard not just shots, but shouting from

nearby. they also say that the shooting was at a point blank range from the back door behind which the victim, reeva steenkamp was hiding and when the wounds were detailed of the slain girl, wounds to her head and to her arms, to her hips, pistorius was said to have broken down. the pistorius gained some composure that's when his defense team weighed in as well, a very rough, rough cross examination of the detective, even the presiding judge weighing in challenging those eyewitness accounts, questioning the claim of testosterone found in the bedroom and even when pistorius really represented a flight risk if he was granted bail. meanwhile, the missing person in all the proceedings today, the slain girlfriend reeva steenkamp, we spoke with a friend of letters, he expressed shock when he learned of the loss and she was much more than just a

model. take a listen to what he said. >> what a loss. if you could speak to her now, what would you say? >> what a good friend she was and how many people loved her. >> reporter: at stake here, whether that bail will be granted. and also, whether that tough premeditated murder charge will stick. late from the uncle of oscar, he says in fact, truth will prevail, back to you. >> megyn: all right. greg palkot, thank you. there are so many clues emerging in the investigation and many of helping the prosecution, but some of which are helpful to oscar pistorius and there was damning testimony for the prosecution from one of the main police witnesses today. dr. michael baden, famed forensic pathologist is here

today to talk about many of the breaking items in in case, including the news, steroid medication was found inside of this man's home, analysis of the blood spatters in the bedroom and the examination of the bathroom door and so on, we'll listen to him when he joins us live. new questions what's going on at the environmental protection agency as we learn about yet another resignation that may be tied to a growing scandal over using fake names and agency e-mail accounts allegedly having to disclose communications to you. we'll show you who some of the big bosses we're e-mailing and why this controversy may not be over yet. and we brought you there live on friday when the massive asteroid came closer to earth and today new video of the close encounter, stay with us. when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart.

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>> well, there's a new twist today in the e-mail scandal that's been rocking the epa,

environmental protection agency. we're getting word that yet another epa exec is now resigning in the wake of allegations that he improperly used a personal e-mail account to conduct official business. regional administrator james martin we're told will step down at the end of the week. this comes two months after the now former head of the epa lisa jackson stepped down in the wake of a similar probe. chris horner is an attorney and senior fellow at the institute and currently suing the epa to release more documents about jackson's case, the man who began, really, the inquiry that led to all of this. chris, i think it's fair to say, and so now we learn and we should say the he epa says that lisa jackson did not resign because of the inquiry into the the use of the alias and e-mailing people under richard windsor, her dog and her home street, they claim and now we learn she wasn't the only one, james martin liked to use his personal account to conduct official

business, too, and this resignation has nothing do with the inquiries made by the house of representatives into why they were doing this. your thoughts. >> well, they can say that, but what else do you expect them to say. it's just not plausible when you look at the timeline and the fact that this was really their only way to avoid questioning and at least in one of the cases, we're pretty sure under oath, about their, what we'll call record to management practices. we've got one creating a false identity for certain correspondents, certain record keeping and we've got, which is on its face unlawful, by the way, and then we've the got-- raises questions about compliance with transparency laws, record keeping laws, what were you thinking when you did this? we know the forseeable outcome is going to be frustrating these laws and then we have a guy at eye level with we demonstrated a pattern of using private he e-mail accounts and some clearly set up by the acronyms he would use and conducting correspondence on behalf of a government job. just this weekend and this

morning, i found three more accounts from senior officials using at least jackson's acting replacement occasionally using his private account. we've got a regional administrator. i just found this morning, who is also using his private account to correspondent with the false identity account. so, these resignation is are just pure coincidences, i suppose, but it does likely, likely get them out from under questioning about certain-- how did they, what did they search in response to these lawsuits filed? >> people need to know. >> and people like chris warner or you at home decide to file a demand for information from public agencies, they're required to respond to you and if the request is appropriate give you the responsive documents. if they do a search for all e-mails in the name of lisa jackson they may not come up with the ones she was sending out under her dog's name. old dick windsor might not come up under lisa jackson and that's the problem.

and now we find out she wasn't the only ones, some of her under lings were using similar messages. the questions to avoid you and information request, chris, or whether this is just something they do because they say, this guy claims this is one time occurrence, and they came that it was all in good faith, you know, she says, look, i get thousands and thousands of e-mails from the public and i need a different e-mail account. >> a different e-mail account is one thing, a false identity for federal record keeping purposes is completely another. so that's not responsive. it's evasive. i don't know, i can't put brain surgery on what they were thinking during the lapses of judgment. the one inescapable. everybody has to agree one forseeable outcome to frustrate requests. and the false accounts and false identities, secret accounts, you have to search those, too, you have to search the private e-mail accounts, they're making up reasons not to search them. i've had people say, former government employees say if i

had these records i was working for the united nations at the time i made them and i'm not going to look for them. that person is no longer working for the department of commerce, but they'll manufacture reasons in their minds not to search accounts they've set up or using for the purpose of public service, we've found private computer servers and private computers going to great lengths and i've found by the way, megyn and we're probably going to have to file suit that they were using same time instant messaging for certain correspondents and sensitive correspondence like creating the false identity e-mail account for richard windsor. so this is epidemic among this administration, they're not that into transparency. >> this is ironic, even president obama's statement just last week, where he said this. >> this is the most transparent administration in history. >> megyn: he went on to talk about how they make everybody log in at the white house and so on and so forth. i know you've got your issues, but i want to ask you whether they're real. i know you've complained in part that they, even the documents they wound up having to turn over to you, have been

improperly redacted and there's one where they redacted something about the recipe for turducken. i don't know, they're having a discussion about turducken, you have it on thanksgiving. and the more important question, is there such a thing as turducken, a new orleans dish and redacted and we have a picture of a turducken. it sounds like they weren't redacting information about turducken, r you making much ado about nothing? quick. >> i don't care about that redaction. it's ill lustrative about-- >> i don't know except for the turkey. >> we're not arguing about that, we're arguing about the other redaction. >> megyn: we will right back. for your first day?

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. >> i don't like it when we show the actual cattle when we're talking about eating catlike to pretend they were never alive. i'm that kind of carnivore, how about you? if you like to enjoy a nice juicy steak, you may want to stock up now. beef rose a buck a pound could raise more, the reason, high cattle feed in decades. major developments what's believed to be a massive gas explosion in kansas city. the mayor says that search crews recovered a body from the rubble after popular restaurant. at least 15 people were injured and the search for the cause of the blast and fire is now in high gear. mike tobin is live with the

latest. >> reporter: megyn, if i step out of the way, we can push in and show you what we're talking about with the cleanup and investigation, picking up pace. and picking up pace because sadly the priority from this morning has been handled and that priority was to locate a way tress who had been missing since that massive explosion at six o'clock yesterday evening. a body was found in the rubble, but the authorities are not able to say at this stage of the game definitively it is that missing waitress. >> the positive identification will have to await some identification characteristics that will prove who the person is. we also can't be sure 100% that we can account for every single person who may have been at jj's last night when the incident occurred. >> reporter: and using google earth, we can show you the overhead image, before and

after this massive explosion. jj's an institution here in kansas city for 27 years, in an instant reduced to rubble and charred remains. that blast, no one is doubting right now that it was caused by a gas leak, and a gas leak was triggered or at least caused by utility crews working in the area. witnesses say the smell of gas, at least in the power before the blast, was absolutely overwhelming, the investigation is underway right now, megyn. >> megyn: all right. mike tobin, thank you. there are new details on a major storm system threatening some 30 million americans right now. we've got the latest on the weather that's making life miserable in more than a dozen states today. plus, a mountain of new evidence is emerging in the investigation into the olympic star known as the blade runner, and the new evidence may pose problems for both sides. coming up, forensic pathologist michael baden tells us what matters and what does not in this mess and

growing controversy over a video meant to promote fairness. we'll look at the kind of equality being promoted by scrawling unfair, on the faces of white people. >> we don't get stared at when we walk in the room. we don't get followed when he shopping or pulled over. >> and society is set up for us and our silence keeps it in place. >> we're privileged. h plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

icht. >> developing right now, a monster winter storm sweeping across the u.s. with an estimated 30 million people in its path. it's slamming the west with blizzard warnings in effect for parts of southern arizona and hundreds of drivers getting stranded on the road near l.a. tomorrow, is when it could pick up. and the bulk of this parts of nebraska, kansas and missouri looking at more than two feet of show and parts of oklahoma and arkansas ice on power lines could make roads extremely dangerous. we'll continue to update you. >> and what do you mean we're lucky to be white? >> it's not luck, we're privileged. >> we're privileged that people see us, not a color. >> it's privileged that we don don't get stared at when we walk in the room. >> or while shopping. >> and pulled over.

>> megyn: and the diversity campaign launched last year by groups and university of wisconsin in duluth. the so-called unfair campaign is supposed to help white people recognize their white privilege and recognize racial inequality. the campaign includes images of white people as you saw, with messages written on their faces, some read is white skin fair skin? another reads i'm a white man and that's unfair, and a different one. another reads, we're lucky, we're white. joining me now, monica crowley and kirsten powers, a daily beast columnist, both are fox news contributors. this is a community effort out there in wisconsin and originally the university of minnesota joined in and said this is too divisive for us, we're out. but the university of wisconsin is standing by this campaign saying it's intentionally provocative and they say, i want to get the quote right. i'll start with you on this, kirsten, as a public university we have an obligation to engage in difficult obligation for

controversial issues with goal of finding workable solutions. >> i don't disagree to get involved in controversial issues and there's racism still in this country and that's a true statement, however, this campaign is racist, i don't understand how they're fixing the problem doing something against white people or black and brown any other color people by saying i'm lucky i'm white. it implies somehow there's another value in white people and i guess they're saying, oh, that's what people think. well, you know, i don't think that. and i don't know very many people who think that and i'm kind of finding it hard to believe people in wisconsin sit around thinking that they're better than other people, you know, or they're lucky they're white and not, you know, black or brown. you know, it's just, it's absurd. >> megyn: it seems like, ill he' play devil's advocate. it seems like they're trying to say you may not be walking around consciously thinking, i'm lucky i'm white, but it

may be part of your existence without you even recognizing it, like the part about, they said the woman who said, you know, she can go into a store without getting followed and part of the literature that says, i can send my 16-year-old out with his new driver's license and not have to give him a lesson how to respond if police stopped him. and juan williams talked about having to do that with his own son. that's not something that women like us, white, american women, can normally respond to. so, is there some fairness in what they're saying? >> if this community actually wants to have a serious conversation about those issues, megyn, and racial favortism as they call it and kirsten is right, it does exist. there are ways to go about it. i don't consider this campaign a serious way of having a really thoughtful conversation about these issues. and you know, here is the irony, megyn. they are, when they put this campaign out, they tried to argue and they still try to argue that this is meant to

bring people together, this is meant to unify the races, to really engage in a conversation, a national conversation, and actually what campaigns like this do is is stoke division, and dare i say, it even stokes racism because kirsten is right to point out, this is a racist campaign. it actually has the exact opposite effect of what they say it intends and then you have to question the motivation of the people who put this together. >> now, this is not what they say is racism, kirsten, because the literature put out by the unfair campaign.org says basically it's impossible for a minority group to be racist because they write-- they write what is racism? more than individual prejudice, they say racism is a power of a dominant group through a system and institution to enforce the dominant history, values, practices and beliefs. >> it's silly and any person who thinks that, if they're a white person, they're a white person who doesn't have

friends of any races and you can talk to any african-american person and tell you about the unbelievable racism that exists even within the black community, so, toward light skinned blacks, versus dark skinned blacks and things like that. i don't question the motivations, the motivations are pure in the sense, i don't think they're trying to stoke division, i think that they are and i agree with monica that this is not the way to have this kind of conversation and if somebody is an actual racist this is actually going to probably make them moresist because they're going to look at it and say, i'm a white man and suspected they were out to get me and now i know they're out to get me because they have shamefully, i'm a white man. that does not in any way make someone feel better. >> megyn: it sounds like they want more of that. sort of the face of the campaign that they use to get attention successfully so you've got to say as a pr campaign to get people talking, it's working. it took a while, but working, but when you look at literature again, monica, they

seem to actually like sort of the shaming of other races because they say this is what you have to do to be an anti-racist. anti-racist behavior is naming issues as race issues as racism, recognizing and making your unearned privilege visible. so how do you-- you walk around saying i'm he a white woman, i'm a white woman and i've-- >> i'm a white woman. >> and hi, megyn, dismantling our internalized dominance and challenging other whites, they want you to challenge other whites and then to seek and validate critical feedback from people of color and obligatory dedicate yourself to being an authentic relationships with people of different races, really, the oh some of my best friends are black, that's going to make you not a racist? >> right, and that's what makes it so insane. what you ticked off and we were kind of joking about it here like a 12 step program, i'm white, my name is megyn,

hi, megyn, welcome to the group. you know, this kind of thing really does reinforce divisiveness and regardless of what their motivations are and we can argue about that, but i think it reinforces what they say they're trying to combat and the st. louis public health group is involved in this, which you know, raises the question, how is this campaign being funded? yes, it's funded at least in part by these universities, but if there's a public health group involved, are there taxpayer dollars going to this as well and the public health group, megyn, part of their campaign, i think entitles something like understanding white privilege. so, it's all about denigrating an entire race in order to do what exactly? to elevate or races in the name of social justice or racial justice? it just seems like an incredibly misguided leftist attempt to try to denigrate an entire race for what purpose?

i'm not sure. >> it's an interesting, interesting point. if you watch these caucasian people trying, i assume, trying to outreach to you know, minority groups and very focused on those groups and perhaps not as conscious of the effect this would have on other caucasian individuals who are fair minded and not racist and already aware of the deep-seated racism-- >> and they call white guilt. >> megyn: thank you, ladies. we're taking your thoughts. let me know what you think@megyn kelly and value of higher education after a professor at a prestigious university decides to strip down to his skivvies in front of hitler and 9/11. we'll show you the video. remember the asteroid that buzzed planet earth what. it it looked like if you were up close. new revelations in the olympic track store turned murder suspect oscar pistorius.

in three minutes dr. michael baden breaks down the evidence that was revealed today. . >> he's not a violent person. he's a peacemaker. he's always been a peacemake are and he look tough and he looked like the superstar and hold himself in public domain, but he's actually a very, very kind soft person.

>> the eisenhower executive office building in d.c., vice-president joe biden and attorney general eric holder are there about to present public safety officer medals of valor. the highest award of its kind for officers who have exceptional courage to save a

life. and this is presented in its entirety on foxnews.com. back now to one of our top stories, new questions about the case prosecutors are building against world famous olympian oscar pistorius. the champion runner who had both of his legs amputated as a baby is accused of knowingly shooting and killing his girlfriend, model reeva steenkamp. his bail hearing entered a second day today and new evidence emerged including a diagram of the crime scene which could be very telling. dr. michael baden is a forensic pathologist and fox news contributor. very happy to have you if they're just now releasing breaking news in the case and i want to update the viewers with, earlier today there had been testimony by the lead officer in the case that they found steroids inside of oscar pistorius' apartment. when they came to the crime scene. the defense quickly said, it's not steroids, it's some herbal remedy despite the fact there

are needles there and now, the officer who gave that testimony had come out and said i want to clarify my earlier testimony, i'm not sure if these are legal or illegal substances, we need to wait for testing. so let's put the steroids on hold, dr. baden. that may be wrong and you know what else may be wrong the initial reports that her skull was bashed in by the cricket bat. didn't hear any testimony about the blood on the convict bat and the viewers should know we get a lot of misinformation. now i do want to talk to you about the early reports. i do want to talk to you about the bullet wounds and the trajectory of the bullets because this is becoming a big deal in the the case. tell us your thoughts on that. >> well, what is interesting here is that there are four bullet holes described in the door to the bathroom. and the height of those bullet holes may be important because

pistorius says he had not had his leg pieces on when he crawled over to the bathroom and shot shrthrough the door thinking it was a burglar. and there are reports that some of those are pretty high up that he would have had to have his blades on and the defense attorneys apparently doing a very good job of cs examining the initial reports of the police officers. they haven't gotten to the autopsy, in itself very important. >> megyn: how so? what will be revealed potentially. >> the autopsy, the bullet trajectories will be able to reconstructed based on the perforations in the body and the perforations on the door. the distance of the gun from the door is going to be important whether the gunshot resin is on the door, did he

shoot up close or from a distance. and also what will be important, does she have any injuries or bruises on her body that preceded the shooting bus it is stated and we don't know how true this is, that there was a lot of yelling and argument before the shooting. and if he had-- the police initially said krit her with the cricket bat, there should be bruise marks on the body, separate and independent from the gunshot wounds. >> megyn: the reason i'm seriously doubting the reports of him hitting with the cricket bat they say it was use today bash down the bathroom door after the shooting took place, the officer, again, let me get his name and we have his picture. >> bossa. >> megyn: the one who had to recount his steroid testimony. here he is here, he was asked by the defense, is there anything about this crime scene that would be inconsistent with the story oscar pistorius is telling and

he said no. now, listen i'm an anchor desk in new york city halfway across the world, and i can name five things off the top of my head, but apparently the detective under cross examination didn't think so. >> you see what's happened here, apparently there's no jury in south africa, just a judge and apparently less than 10% of murder trials wind up with convictions according to what i've been reading in the newspapers. >> megyn: wow. >> and part of that is because there's such poor police work done in general, partly they don't have enough funds and all to examine witnesses and et cetera before the trial. here you have the chief detective on the case, bossa, and apparently he hasn't discussed this, had a chance to discuss this with the prosecutor and he's-- >> that's right and just that testimony he gave out. a lot to cover with you, and before we go on the break, ask you this. how about, for example, one of the inconsistencies, oscar claims that reeva was asleep

in their bed, he got cued and thought there was an intruder and why when she was found shot dead she was wearing as he we find out street clothes. white shorts and a black vest, she wasn't wearing a nighty as first reported. why was she fully closed. if she was going to the bathroom and suddenly got surprised by the bullets, why were the shorts on, you know, there are so many questions about why the door was locked. why does a model, a girlfriend going to the bathroom in the middle of the night lock the door when she uses the restroom. those are just a couple of questions, quickly a quick thought from you. >> you're absolutely right and part of it is we don't know how much of the answers the police have that they've already said that there was a bullet in the toilet bowl that they didn't collect, forgot to collect or something. and it sounds like there's real problems with the investigation. >> megyn: we'll pick it up. to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye.

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>> all right. dr. baden, there was also testimony today that were there any defensive wounds found on the victim? the detective said there were not. what does that tell you? >> well, i don't know. it's hard to know how much to believe the detective tells about things that he didn't do. it sounds that there wasn't a fight, a physical fight, but i'm not sure how reliable the detective is 'cause he didn't do the autopsy. >> megyn: and the first shot that went through the door hit her in the head, there wouldn't necessarily have been defensive wounds and also the defense points out that she was using the bathroom. and that her bladder was ept in the autopsy. >> tells me that she urinated

recently. she was in the bathroom and locked in and once he starts shooting at her in the bathroom there are not going to be any defensive injuries from personal contact. >> megyn: yeah. >> the bullets would not-- she wouldn't know how to defend against bullets. >> megyn: and you would expect a hand up, we don't know, she was hit in the head, hand and elbow. >> one report says the hand was struck so we're getting second and third hand information. >> megyn: but i want 0 jump in and show you this diagram. this is oscar's account how it went down. he says he woke up, closed the sliding glass door, so afraid of criminals breaking into his house he slept with the sliding glass door open. and this is him allegedly shooting the glass door and went to the tiny thing on the bed next to the diagram and he admits he had to get the gun from the the side of the bed she slept on, claims that he didn't notice she wasn't in

there and walked all the way to the apartment and shoot, does this sound plausible? >> this doesn't sound right. it sounds that this is' a lot of inconsistencies here and it sounds like the defense attorneys have the ability to take advantage of statements that don't make-- don't sound right and we're going to see, you know, it's two o'clock or three o'clock our time in new york. they're going to be on tomorrow's cross examination and i'm sure these points that you're raising, thr ey're going to bring up. the detective-- so far it has not been an impressive showing by the prosecution and their witnesses. more to come alec baldwin in a lot of trouble.

>> fox news weather alert for you now. a dangerous winter storm is bearing down on the midwest expected to impact some 30

million people's lives from california to the central u.s. brand new hour hereof america live. welcome, everyone, i'm megyn kelly. the storm is one of the largest so far this winter, 18 states under some kind of watch or warning, from california through illinois. parts of california are already under more than a foot of snow. it even snowed in arizona although it does that from times in the northern parts and forecasters are warning of icy conditions as far south as arkansas and there are flood warnings in the southern states. meteorologist janice dean joins us with the weather. >> you name it, you've got it. we're going to see 30 million people affected and 800,000 square miles across the u.s. and this storm really hasn't gotten its act together if you can believe it. the main low, it's just across california and you see the counter clock-wise motion here bringing a foot or more of snow across the mountains here and then ahead of that, it looks like we've got our storm, right? nope, this is just moisture ahead of the main event.

so you're seeing that snow fly from kansas city, wichita and we've got the freezing rain mix over central oklahoma and arkansas. arkansas, you're under the gun for an ice storm tomorrow. and very dangerous, but let's go over the winter weather advisories again, parts of california into the four corners and here we're seeing one to two feet in the mountains and then our main storm which we're going to be talking about tomorrow through friday. bringing us the potential for two feet of snow and then ice accumulations on order of 1/2 an inch on the roads and the power lines, that could be a disaster through parts of arkansas and missouri and see that peak there, that's solid e accumulations of ice here, not only snow, ice and rain, severe weather, we could see a severe weather outbreak tomorrow, into tomorrow evening, as well this evening, we'll talk about that in just a second, but you can see where we're going to see the bulk of the snow, one to two feet possible here and there's the ice, that dangerous icy

mix. as we get into thursday and friday, severe weather, including the tornados, that starts tonight. a little pocket here in parts of texas through oklahoma, but the main severe weather event will be tomorrow, where we can see hail, damaging winds, long lasting, very threatening tornados, through parts of texas, louisiana, mississippi up towards arkansas. so, again, not only the snow, not only the ice, not only the rain, but we're going to see the threat for tornados and show you, megyn, we have an ice storm warning for parts of arkansas and that's going to spread northward and eastward. so this is really dangerous, this is the worst stuff for travelling and you can't travel through it, it's just solid ice on the roads and the power lines and it really could be devastating if we do have half an inch of ice on the roads and the power lines and the trees, so, we will certainly keep you posted and if i could just add if we head into the weekend we could have another nor'easter, that could affect areas about two to

three feet of snow. >> megyn: oh, wow. thank you, we'll continue to watch that. janice dean, everybody. we can get up to the minute updates on the storm track from the fox weather team logging on to the west side, foxnews.com/weather. and there's new fallout in the white house push for increased gun control laws after vice-president joe biden shared some firearms advice for women worried about their safety. the vice-president was answering questions yesterday in a forum by parents magazine. one woman asked about a possible federal ban on assault weapons. here is the vice-president's suggestion for self-defense. >> if you want to protect yourself, get a double barrel shotgun, have the shells of the 12 gauge shotgun and i promise you, as i told my wife, we live in an area that's wooded and somewhat secluded, said, jill, if there's ever a problem, just walk out on the balcony here

or walk out, put that double barrel shotgun and fire two blasts outside the house. i promise you, whoever is coming in, you don't need an ar-15. it's harder to aim, it's harder to use, and in fact, you don't need 30 rounds to protect yourself. buy a shotgun. >> buy a shotgun. >> megyn: oh, boy. joining me now to discuss this, save hayes of the weekly standard and steve, the ceo of concerned veterans. and let me start out, steve, the right is ticked off joe biden doesn't know didley about his guns and the left is ticked off let me put it in the words of bill maher, oh, so the liberal party loves guns, too, just different ones. and then somebody else goes on to say, you're not helping, joe. so he did plead both sides. your thoughts on why he went the

there. >> that's a good question, i mean, it was interesting to read the transcript of that chat he did with facebook and parents magazine, he wasn't expecting these kinds of questions from people who read parents' magazine and they had copies of parents' magazine in the vice-president-- i don't think that joe biden did the white house any favors because what he said can be so easily and i think roundly mocked and i say as somebody who is not a been expert myself. but at the same time, if you strip away sort of all of the silliness that involves joe biden's answer and sort of the questions that you're hearing from gun rights advocates today. the vice-president ultimately made an argument in favor of ammunition based defense for home invasion. that's something i think the gun rights advocates might like to hear from the white house, especially in light of the fact we've seen growing out of state legislatures and other proposals that we've gotten either from congress or around the country, some real, i think, over the line

requests or efforts to restrict guns. >> megyn: yeah, that's what the left is saying, and said that gun control charade and said he thought the vice-president called attention to that. people, i do want to talk to you, because folks on the right are saying, in addition to all that, he's wrong about his facts and all he though some people who want gun control try to demonize the ar 15 used in terrible events, he's not correct that it's harder to aim and harder to use. >> and i mean, you can't help, but watch that clip and wonder what in the world vice-president biden knows about firearms. more difficult to fire, more difficult to use. i don't know megyn if you've ever fired a shotgun. >> megyn: i have. >> you know the recoil the kick. >> megyn: i had a bruise on my arm. >> better have it on your chest and anchor it to absorb it and fire it accurately as opposed to an ar-15, effectively the civilian

replica that our guys carried in iraq and afghanistan, which is made for accuracy and minimizes kick to maximize accuracy. these shotguns and then think about the pressure. so, dr. jill biden is on the balcony with two shots and they're going to be acts and didn't need to reload again as opposed to an ar-15, it's an absurd comment which i think exemplifies a lot of approach he's taken on the issue. >> megyn: the other people, even the washington times steve is pointing out today. you fire two shots, the warning shots and then you're effectively dead if your attacker comes up and the bullets are gone and not like a semi automatic weapon. >> yeah, right. that's the fundamental problem with what he said. you fire the two shots and then you have to reload. i think this is, you know, this is part of the-- if you take a step back and look at the big picture here, this is what happens when you have people who aren't, you know, largely who aren't familiar with guns or as familiar with guns as many sort of gun rights advocates

and pro second amendment representatives try to make laws to govern things that they don't know much about. i mean, i think that's the fundamental problem, that's part of the reason there's such a disconnect in this national debate over what's going it happen next, and what's going to happen in the aftermath of sandy hook. >> megyn: and the ar-15 accord to go a lot of gun shop owners pete, is believe it or not, more of a mainstream weapon in the the weapons community because they say it's so easy, but we have the issue here again, of one of the politicians on this issue telling us what we need. women in particular, this is what i will tell you what you need to defend yourself. and the guy, the state lawmaker out of colorado yesterday was telling women, you know, they may be too confused to understand whether they're about to be raped or not and there's a layer hereof-- >> there is. >> megyn: of the lawmakers telling us what we need and what we'll understand and they know better. >> absolutely. and it's a giant veil of ignorance. they have no idea what they're

talking about and they don't know the difference between an ar-15, an m-16. what an automatic or semi automatic weapon does or what that means and how it functions, they can see a big, scary, black weapon that must be banned because it's scary looking and they don't think about that female who can carry that ar-15, can fire it accurately, and feel safe because of it as opposed it a shotgun which might be effective in close range and certainly is in many combat situations, but we need longer distances when you need multiple rounds, it's not going to be there the way an ar-15 would for you. they don't know what they're talking about and you're right, they're making the choices from air conditioned office ins washington d.c. with no information and not actually talking to people who handled the weapons systems and know how to use them. >> megyn: typical joe biden. he gets both sides. he pleases and displeases everyone. steve, pete, thank you. >> thanks, megyn. >> thanks, megyn. >> megyn: a news network once accused of promoting terrorism is rising eyebrows once again.

al-jazeera making a major push for expansion right here in the united states. we'll look at that right after the break. the camera man that could cause trouble for alec baldwin and takes on the possibility of hate crime charges. >> tell you about the photographer yesterday? >> stand back from my door, stand back.

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plus get this document shredder free-- but only if you act right now. call the number on your screen now! >> word today that al-jazeera english, having just bought al gore's current tv is planning a major plan in the usa changing al-jazeera america, and plans for bureaus in eight american cities. an off shoot of the same network accused of promoting terrorism, osama bin laden and many other incidents.

and joining us a fox news contributor, and editor of town hall.com. so, lisa, do you have any beef with this? >> well, you know, this is what we expected we knew they took over the platform, that's the only thing that they were lacking. they-- or you know, they're going to be able to push their way through, because there's no other outlet that is providing foreign news, so for the audience that is looking for this type of coverage is going to be watching and they're expanding. you know, we're not in the same days following 9/11 the new york times came out a month after the 9/11 attacks and criticized al-jazeera and why are you airing videos and promoting this terrorist agenda. now, it's actually considered islamic if you're going to be criticizing al-jazeera and they're going to play upon that and feed right into this where the left is completely going to support them and allow them to have a voice. >> megyn: starting with our former vice-president who cleared the path for their meaningful entry into the u.s.

market. they've been trying to gain a foot hold since 2006, it's been abysmal failure and haven't been able to get the distribution. you've got to get companies like time warner cable and comcast to carry you and they have not succeeded in doing a good job with that. the purchase of current tv helps a the lot and see if they get carries as al-jazeera america. their bosses say look, they'll be editorially separate from the controversial sister network, al-jazeera arabic. >> and first of all, it's worth pointing out again the acquisition of current tv was a deal just flush with ironies and i think that we've had a few chuckles over that, but you're absolutely right. the practical implication is, megyn, for the first time ever, tens of millions of americans will have access to this new network essentially and will be perhaps judging its product afresh or anew. look, i'm generally a fan of free speech, the free press, and pre markets. so, i'm not willing to jump

down al-jazeera america's throat yet and i'm willing to reserve judgment and take a look at programming and i think they have a pretty high bar to clear with the american public if they're ever going to attain anything other than third tier relevance status. >> megyn: the controversy with the sister network, lisa, was and is significant. i mean, not just the airing of the bin laden videos after 9/11, but they suggested the jews had been given a heads up prior to the bombing and crazy stuff that aired on the sister network, al-jazeera arabic and from our state department to the new york times were criticizing al-jazeera arabic. now comes the al-jazeera english and now al-jazeera america and it's not been without criticism either a well-known nightline correspondent went to work for al-jazeera english, he quit citing a real anti-american bias there and yet, they're

about to infiltrate america. >> they wanted to go from the sister network, but at the same time, it's the same thing, the same type of coverage and apparently expanding to eight cities, including detroit, michigan. detroit is an ex-pat commission and sleeper cells have been detected and if you're trying to set yourself apart the qatary petro dollars are backing this, and they're going to have do do much more to prove to me that they're different from the sister network. >> megyn: what kind of an appetite do you think there is he' going to be for this, fwie? one of the executives behind it says he believes the animosity toward even the al-jazeera arabic has waned and that they have a real shot at establishing a successful commercial foot hold. >> we'll see about that. and again, i think it comes back to, it's not just what al-jazeera did in the wake of 9/11 and the years, for

example, during the iraq war when i think they were justifiably accused of anti-american and frequent anti-israel sentiment in reporting, i think even more reisn'tly, one of the most popular shows on the arabic version of al-jazeera a show called sharia in life the host of way called the holocaust quote, divine punishment for the jews and fatwahs against western figures. i think if americans are going to buy into al-jazeera america as legitimate source for foreign and international news, a, to what extent does this supposedly editorially independent entity actually separate itself from its very controversial sister network, and secondly, what influence will the bank role have, the bank roll being the government of qatar an authoritarian monarchy censors the internet

in their country and jails journalists. these are legitimate questions that i think that american consumers will have to ask. >> megyn: it's a good question. you can't necessarily tar al-jazeera america with al-jazeera arabic, because they're sister corporations doesn't mean-- they have to be judged on their own merit. they have questions in their past and we'll see how they do going forward. thank you so much. >> my pleasure. >> megyn: a troubling trend for americans as gas prices soar, more than 40 cents a gallon in just 33 days, and there are serious concerns over how much higher the prices are likely to go. plus, new questions being raised about the president's relationship with the press. as one washington website describes him as quote, the puppet master. the obama administration and the press just ahead. . >> these guys, everything is personal. i've got to tell you, e biggest bunch of cry babies, i have dealt with in my 30 years in washington.

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>> north korea is back at it again releasing a new propaganda video showing u.s. troops and president obama in flam flames. ♪ >> the one and a half minute video ends with a generic simulation of an underground nuclear explosion. this as the north suggests it conducted its most recent nuclear test because of u.s. hostility and today's video follows on the heels of another this month which

showed an american city being attacked by missiles. concerns about what is behind these soaring gas prices we're seeing here in the u.s. triple-a says the cost of gas has risen 33 days in a row. and according to the energy information agency, the average price of a gallon of gas has almost doubled since president obama first took office. today, triple-a reporting that the average price for a gallon of regular is three bucks and 77 cents a gallon. elizabeth mcdonald from the fox business network has more, all right, liz, tell us what the government is now pointing to to try to keep the bills low. >> good to be with you, megyn. you know, the u.s. government energy administration, sent an e-mail out and they pointed out an interesting ironic twist to what oil companies are doing to basically keep their tax bills low. this is what they're saying, here is a quite from the eia a

division of the department of energy. u.s. oil inventories typically drop in december as oil companies try to cut the tax they must pay on their oil holdings. so, that's basically in the gulf region and they're basically lowering their tax bills to the states like louisiana and texas and saying this is an incentive to drop the amount of oil that's in inventory. and basically, the companies lower the tax bills. the states in red are where you're going to see the gas prices really high. from 3.80 to as high as 4.30. there's about a dozen cities in california breaking through the $4 mark easily. you're going to see in the upper midwest, also new york, vermont and connecticut, west virginia gas prices are really high and what we've seen is a growing trend for states to increase taxes on gasoline, you're seeing new hampshire, wyoming, a push there, also washington state, a push there. gas taxes on average are

around 49 cents a gallon and they've been holding pretty steady, but the fact that that payroll tax reinstatement came on1st a on january 1st and people aren't feeling so great at the pump and another statistic, a third of the u.s. population now lives within driving distance of gasoline $4 a gallon. that's not great. a lot of pain at the pump. megyn. >> all right, liz, thank you. >> new legal troubles for alec baldwin after a heated encounter with a photographer. we'll look at what the actor is accused of saying and why this confrontation has led to a hate crime investigation. and new questions about the president's relationship with the media and why that marts to you. why na matters to you. >> we have a second child and a boy. and a question for you. >> hello, mr. president, we wonder if you prefer the name elinore or alex.

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>> well, the president is at the white house today giving interviews to eight local news stations from various parts of the country as he tries to warn about the impact of the automatic spending cuts he proposed and then signed into law. yet, the frustrated white house press corps nearly

rebelled this past holiday weekend complaining their own access to the president has been overly limited and controlled. today, politico goes so far as to call the president the press's puppet master. and joining me now to discuss it, speech writer for president george w. bush and editorial editor juan williams, fox news political analyst and ed henry chief white house correspondent. and all of you in particular, but ed, you have a special role in this because you head up the white house press association and you, on behalf of the members of that group, not just ed henry, it's the white house press corps are the ones who lodged the complaint about president obama and the access to him over the weekend and you took hits, why are they so upset they don't get to see the president golf with tiger woods. let me give you a chance to respond. was it about tiger woods? >> it was not tiger woods, what we were talking about there's been a degradation of access to the president of the united states and it's been building for many years and

many presidencies, democrats and republicans, by the way, no offense to bill, and ann compton in abc news, mentioned in the political story covered seven presidents of both parties. over the years as social heed yeah expanded and big media influence has waned and more and more around the press corps, it's fine, it's a free country we can do that, less and less access to the president, whether it's a photograph with tiger woods, or whether it's getting questions to the president this coming friday, which i asked about yesterday jay carney about yesterday. and the bush administration typically would get one or two questions to the president at the end of his meeting with the prime minister of japan, for example. these days, this president does not take questions in those settings. so we're pressing for more access to him. not just about golf or something silly like that, but about the big issues of the

day, whether it's syria, iran, the sequester, the big budget cuts about to hit. we want access to the president, that's what this is about. >> megyn: it's not just ed henry be, ann compton, abc news the way the president's availability to the press has shrunk in the past years is a mike mccarry says, the balance used to be in favor of the press not the president and bill, you were in the bush administration and throw something out to you, michael good win of the work post comes out today and says the media has only itself to blame. he says, they sold out for unrequieted love. they wanted -- they gave obama the milk without making him buy the cow and it's too late to demand respect. >> i'm with michael on that. we have a similar editorial. look, i think the way you get the president's attention is to cover and i thought this politico piece was very silly.

the idea that, oh, obama's so smart he's just manipulating us, the master puppeteer, look, politico is the same publication, a serious publication that ran like six stories and marco rubio taking a glass of water, you know, with very little coverage of the substance of the president's remarks. so, look, i think you want to get a press secretary's attention, you want to get access, start holding the president's feet to the fire instead of issuing statements. >> megyn: and yet, juan, the president's defenders point out that he may not necessarily give ed and the other white house press corps members the love they want or at least the time they want, i told ed he should make, like doe eyes at the president and that didn't work. but anyway, they put out that he does make himself much more accessible to the people directly, town halls and other ways. >> it's the social media. i mean, he had a google hangout this week. he so, he's able to interact with the american people, he's

even able it to it take questions from thm. so you have he' got twitter. you know, you've got facebook and the website even does a west wing show once a week and this is all under their control so it's a little bit like propaganda and a whole lot different than having ed henry ask you a tough question. it's a whole lot different than having the new york times, "the washington post," wall street journal ask questions and those institutions, venerable journalists of the institutions have not had time with the president in a year and a half. the last time with a major newspaper, but instead he does things like-- he seeks-- or the view. >> i think that the white house news management was not invented by the president obama team and david plouffe, i was covering the white house under president reagan and

mi mike deevar, i think every white house tries to do it, but this one has more in terms of the social media. >> megyn: it's interesting, you mentioned the forums and some have praised the questioner that show up as offering some hardball questions, but as it turns out they're not all really that hardball, watch. >> if you ever want to snickers or coke at night. you can't go and get it. how do you feel. >> in ten years when i finish all of my medical school residencesy and training and everything, can i be your doctor, would that be cool. >> mr. president have your daughters expressed any interest in pursuing a keir in science and engineering. >> and my partner and i have talked about how fortunate she was to grow up in hawaii and i want to know how that experience shaped you as a person. >> we're expecting our second child. and we have a boy and sarah had a question for you. >> hello, mr. president, we're

wondering do you prefer the name elinore or alice. >> megyn: oh, ed, how does it make you feel, as being part of the white house press corps? >> reminds me of the last campaign radio talk show host from mexico asked the president who his favorite super hero was, a high point. no, just go to a white house briefing, jay carney called on a local reporter from kansas here to interview the president and local anchors and sometimes the local anchors will ask softball so he threw one, you can have a question. the woman asked a very tough question, actually about the corporate tax break for corporate jets that the president talks about eliminating and she says it doesn't hurt the rich that much. it puts thousands maybe or hundreds or thousands of people out of work, middle class people who help service these jets. and jay carney didn't have such a great answer for her. so it points out something that bill mcgurn said, the key

is to actually ask tough questions of the president or press secretary and hold their feet to the epublican or democrat, and i've done in the bush administration and-- >> you've been fair and tough on both sides and any fair and objective observer would say that. and i'll give it to you, bill. and i won't ask ed, and won't take a shot at fellow press corps members. getting back to goodwin, the press questioning the president have not always been the most reliable and objective even though sometimes some good reporters like our own ed henry, jake tapper formerly of abc, ask tough questions and you get a lot of other incidents. remember this one? hold on, remember this one, chicago tribune reporter? watch this. >> thank you, mr. president. and congratulations, by the way. one quick follow-up-- >> and you were there when i was running for state senate. >> that's right, i was. >> christy and i go back a

way. >> i never have seen you lose, i wasn't looking that one time. >> megyn: oh, god, it never gets more uncomfortable. >> you took that to me, i was going to refer to that. the problem is not that you get soft questions from twitter feeds or from a youtube video. he often gets soft questions from the white house press corps, they've largely given him a free pass and this is what i mean, it doesn't mean that they're not critical on occasion, but for example, the immigration he debate. there's been almost no discussion of barack obama's role in the last immigration bill which is to help bring it down. in the debt ceiling negotiation, most of questions that i saw when they were asked of president obama in public were about the republicans, nothing about what are you going to bring to the table. again, we have this obsession, all of these people go nuts, marco rubio was thirsty, takes a glass of water and nothing about substance of the state of the union. my view is all presidents want

to control the press, presidents i worked for were no different. president obama, there are generally more people that agree with his outlook and don't question he him as hard as they ought to. >> megyn: to what extent, juan, do you think in the goodwin editorial he suggests that critical government is punishment in the form of complaints and being frozen out and some reporters don't want to get frozen out no more than they already were. >> this is nothing new, guys, we have he been talking about getting pushed out of the loop when you do a negative story with presidents going way back, let me assure of that, that's nothing new. i think the key point here to understand, the people in the white house press corps, i don't think that they are incompetent or they're in president obama's pocket. i think they're trying to do their job. but i think the tenor of the time has changed and there's more niche journalism, more magazines, news channels, radio shows are aimed at one audience or another, and i

think the white house communications team and the press office feels there's a lot of people with gotcha questions and want to embarrass the president, president bush went through this, can you name the ambassador or leader of some strange country in eastern europe. they try to, i think a lot of reporters try to make their name and it makes the white house press seem much more cautious and leery. let me just finally say the he president obama has granted over 600 interviews in his first term. president bush did only 200 plus, it's not that there's lack of interaction between the president and the public. it's that there's lack ever interaction, i think respect, for the professionals like ed henry, like the new york times, washington post, wall street journal. that's the problem. >> megyn: you were going to say? >> i would say one last point, look at that politico story. that politico story is a long whine that the president is a master puppeteer and we're helpless in the onslaught of the new media stuff. come on, guys, do your job.

hold his feet to the fire and apply the same standard as other presidents. they tried the same thing and we're agreeing that he's getting away with it more. there has to be a reason. >> i want to ask you quickly before i let you go, ed. is it true if you covered the president negatively or ask him a really tough question you get frozen maybe not called on at the nexpress conference and that's true that's been done under lots of presidents? >> it's been done under a lot of presidents. i will tell you cue bill mcgurn, president bush covered him, never sat down and never got a one-on-one with president bush for that very reason and look, you've got to, i think, try to be tough, but fair on both sides and maybe i'll take your advice, megyn and try those doe eyes and i don't think-- >> do a practice round. >> oh, yeah. ed henry. >> and megyn, the doe eyes. >> it doesn't work. >> megyn: that was great, you guys. thank you very much, all three

of you. >> take care. >> megyn: that was not good at all. all right. coming up next, the most well-known member of one of hollywood's most famous families could now be facing hate crime charges after a very unpleasant encounter with a new york post photographer. we'll look the at what alec baldwin is accused of saying to a former new york police officer turned photog and a hate crime charge.

>> kelly's court is back in session. on the docket today abbing it tore alec baldwin could possibly face hate crime charges. the 30 rock star now under investigation by the new york police department hate crimes task force after he reportedly got into an argument outside of his apartment building with a reporter and a photographer from the new york post. a paper that's owned by the same parent company as the fox

news channel. that photographer is black and is also a retired nypd detective. the post did a report about the squabble, calling it a race rant, telling their staff member's side of the story saying alec baldwin use add racial slur calling him a drug dealer and crackhead on top and alec baldwin denies, saying he never in his life used a racial epithet toward anyone. joining me now david wolfe former prosecutor and now defense attorney and jonna spilbor same, and we have heard that he's being investigated for a possible late crim hate crimes charge and alleged to have called the black former nypd detective, the c-word, i don't think you can say this on tv, rhymes with

loon and a drug dealer and crackhead. if they can prove that he did that, and they claim they have an audiotape, is that a hate crime. the new york hate crime statute underlying offense, the words themselves are protected under the first amendment. what he did was arguably aggravate which is one of the underlying crimes or menacing under the statute and if you couple those on top of what he said and i know he denies that, megyn, the problem is he issued a tweet that was unfortunately copied like the tweets celebrities often are and in that tweet, it says very clearly, this guy couldn't be an ex-nypd officer because they would not be a crackhead. so, oops, that might just blow out his statement that he never said anything like that and that he never uses racial epithets. >> megyn: is crackhead a

racial epithet? this case is more about the c-word jonna, correct. >> yes, i'm going on record saying he will never ever be charged with a hate crime here, it just doesn't fit. david correctly pointed out that our hate crimes statute needs to have an underlying offense. at worse, what alec baldwin did was harassment in the second. harassment in the second not only isn't in the statute, it's not even a crime under new york law it's a violation and that was the complaint that they each had against each other, a simple harassment complaint which can happen if you push or shove somebody or if you engage in a course of conduct that's designed to harass or annoy. and this was the first contact with that photographer, nothing else is going to fly, not even harassment. >> megyn: but there's another problem with the potential claim, david, and that is you -- for it to be a hate crime, you have to target the person because of their race. now, just saying a word doesn't make it a hate crime. i mean, if he did something to the photographer, pushed the photographer, or you know, hurt the photographer, he did

it because he's black, that's potentially a problem. but if he's just, you know, throwing around racial epithets that's not necessarily illegal. >> well, and it may be that alec baldwin's problem with newscorp and the new york post and fox news may be behind this. it's hard to say. >> megyn: hey, hey, what are you throwing us under the bus for? >> he seems to have a problem with you. >> megyn: me? he loves me, what? i hear-- we get along great. >> well, one of his tweets megyn was interestingly enough, rolston shows up with murdoch's nieces in tow so i'm assuming he meant one of the employees of the new york post was a reporter. >> megyn: let the record reflect he never said anything about me in particular. >> that's wonderful, who would. >> megyn: stand by and actually there's much more evidence in in case and there's another new strain to it after the break. ine grams . that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

. all right. the other twist in the the story, alec baldwin has a claim of his own, he is filing a harassment complaint suggesting that the photographer against whom he allegedly used this racial slur which he denies, deliberately banged into him with his shoulder so they've got cross complaints. how do they work that out, jonna, and figure out whether that's true? >> you know, it's really simple. the police will talk to both parties and figure out who's got the greater credibility and in new york, d.a.'s don't get involved when there's a simple harassment claim, it's not a misdemeanor, it's a violation and usually what ends up hoping, a restraining order mutually against each other and leave each other alon, nobody goes to jail, you could technically for 10, 15 days, but i've never seen it. >> megyn: and if he's on the record with the police denying using c-word or the other words and if the photographer

was with the reporter and had a-- we all carry around recorders when we do interviews and if it's on tape he said those things could he be in a separate line of trouble for not being honest with the the police? >> absolutely. lying and giving false information to the police and if it's on a recorder obviously that's that. and also megyn my understanding he threatened the reporter herself saying i will choke you to death. >> megyn: i want you to choke to death. i want to you choke to death. very different, very dinner, david. >> a little bit different, but you know what? still, that's proof of his state of mind, megyn. the guy is a hothead, beyond a hothead and severe anger management. but that goes into the decision making process of the d.a. whether they file charges. >> megyn: a long history, jonna. and remember the voice mail to his daughter. >> and friday the 20th to be with me, and let now just how

i feel about what a rude little pig you really are. you are a rude, thoughtless little pig, okay? and came out and apologized for that, took ownership of that, but does that factor in? >> that's not going to factor in. this is really, really deminimus. even if he said the horriblings said he said. he's allowed to say it, the first amendment gives us the right and they know he's a who the head. we know he's a hothead. leave him alone and stop complaining. >> all they're trying to do is get a picture and interview not verbally and-- >> he can come on "america live" anytime and he won't have any trouble. maybe a little trouble. thanks for being here. we'll be right back. victor! victor!

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